Criminal Procedure Learning Module
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Angela TecsonCriminal Procedure Learning Module
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Angela Tecson- Introduction and Objectives
- Schema of Criminal Litigation
Common questions
Powered by AIIn the adversarial system, the court functions as an impartial arbiter between two contending parties who present their evidence and arguments, and the court renders a judgment after the trial . In contrast, the inquisitorial system features a more active role for the court, including participation in gathering evidence, and the judge is not limited to considering only the evidence formally presented at trial .
In the inquisitorial system, the judge plays a significant role by actively participating in the gathering of evidence beyond what is formally presented at trial . This contrasts with the adversarial system where the judge acts as a neutral arbiter, strictly considering evidence and arguments presented by the parties . The inquisitorial judge's active involvement is meant to uncover the truth and ensure a comprehensive examination of the evidence .
Criminal Law and Criminal Procedure play distinct yet interconnected roles in the justice system. Criminal Law serves as the substantive law, defining what constitutes a crime and establishing the penalties for violations . Criminal Procedure, as procedural law, provides the framework for how these laws are enforced and prosecuted in court. Together, they function to define the crimes and establish the processes for holding offenders accountable, ensuring that justice is achieved while rights are protected .
The relationship between criminal law and criminal procedure is described as one where substantive law (criminal law) establishes the crimes and penalties, while procedural law (criminal procedure) provides the means to enforce them . This relationship is important because it underpins the entire justice system: criminal law serves as the body, and criminal procedure acts as the soul that animates it, ensuring that the laws are applied correctly and justice is served while maintaining constitutional protections .
Rules of procedure should be liberally construed to promote their objective of securing a just, speedy, and inexpensive resolution of actions and proceedings . A rigid application of these rules can lead to technicalities that frustrate the attainment of substantial justice, which is contrary to the ultimate goal of maintaining peace and order while protecting constitutional rights .
Rigid application of procedural rules can lead to technicalities that frustrate the attainment of substantial justice . This can impede the fair and efficient resolution of cases, preventing the system from achieving its goals of maintaining peace, order, and protecting individual rights .
Substantive law, such as criminal law, defines crimes, addresses their nature, and provides punishments . It creates rights for the offended party and lays the groundwork for which actions can be considered criminal. Procedural law, on the other hand, regulates the steps by which a person who committed a crime is to be punished. It is the mechanism through which criminal law is enforced and prosecuted, providing the processes by which an offender answers for their crimes .
The document suggests teaching criminal procedure systematically by rearranging the rules in a step-by-step criminal litigation module rather than following the chronological order of the Rules of Court . This approach is considered more effective and comprehensive as it provides technical know-how on applying each rule in criminal litigation .
The document defines criminal procedure as a network of laws and rules governing the procedural administration of justice and the processes by which criminal laws are enforced and prosecuted . It is essential because it harmonizes the governmental function of maintaining order with the protection of constitutional rights, ensuring that justice is both served and fair .
The underlying goal of criminal procedure is to harmonize the functions of government in maintaining peace and order while protecting the constitutional rights of citizens . It is achieved by creating a procedural framework that is liberally construed to facilitate the just, speedy, and inexpensive resolution of actions and proceedings .
